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AFSCME COUNCIL 75 v. JOSEPHINE COUNTY

UP2606, A137652.

228 P.3d 673 (2010)

234 Or. App. 553

AFSCME COUNCIL 75, LOCAL 3694, Respondent, v. JOSEPHINE COUNTY, Petitioner. AFSCME Council 75, Local 3694, and Josephine County, Respondents, v. Options for Southern Oregon, Inc., Petitioner.

Court of Appeals of Oregon.

Decided March 31, 2010.

Attorney(s) appearing for the Case

Kirk S. Peterson, Portland, argued the cause for petitioner Josephine County. With him on the briefs was Bullard Smith Jernstedt Wilson.

Mark P. Amberg, Eugene, argued the cause for petitioner Options for Southern Oregon, Inc. With him on the briefs were David R. Denecke, Jens Schmidt, and Harrang Long Gary Rudnick P.C.

Barbara J. Diamond, Portland, argued the cause and filed the brief for respondent AFSCME Council 75, Local 3694.

Before SCHUMAN, Presiding Judge, and WOLLHEIM and ORTEGA, Judges.

SCHUMAN, P.J.

AFSCME Council 75, Local 3694 (AFSCME), filed a complaint with the Employment Relations Board (ERB) accusing Josephine County (county) of committing an unfair labor practice by outsourcing its mental health services in retaliation for an AFSCME strike in which mental health workers played a prominent role. The county responded that the decision to outsource mental health services resulted from a long-standing plan that preexisted the strike. After a...

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